KASHIBAI Vs. PUTALABAI

JUDGEMENT

(1.) This is a defendant's appeal against the judgement and decree dated 29-7-1986 in O.S. No. 109 of 1985 on the file of the Principal Civil Judge, Bijapur. The appellants were the defendants in the said suit and the respondents were the plaintiffs.

(2.) The plaintiffs claimed 13/75th share in the suit schedule properties which consisted of immovable property of the family, a house situate in Ward No. 3 of Bijapur town bearing city Survey No. 1076/A1/B ('A' Schedule property). Schedule-B properties are gold ornaments weighing twenty tolas, silver articles weighing forty tolas, costs, brass and copper utensils in all the total value of which is Rs. 45,000/-. They however pleaded that the plaintiff- 1's husband Gangadhar was the member of the joint family of which Rudrappa was the 'karta' and defendants 2 and 3 were the other corpareners, besides Gangadhar. That they own suit Schedule 'A' and 'B' properties as well as certain agricultural lands.That there was a partition in respect of the agricultural land subsequent to the death of Gangadhar and that the plaintiffs were in possession and separate enjoyment of their share of the property : but on account of some differences in the family plaintiff-1 and her children could not live jointly in the ancestral house at Bijapur. Therefore, the 1st plaintiff's father brought them to Bagalkot where his house was situated and, therefore, it was in that circumstance they asked for partition of the moveables in the 'B' schedule as well as the house property in 'A' schedule. Unfortunately, despite several opportunities given, the defendants did not file written statement. Therefore the Court below was compelled to proceed to judgement in the absence of joining any issue.

(3.) On behalf of the plaintiffs. P.W. 1 was examined. He was none other than the power of attorney holder and father of plaintiff-1. He spoke to the allegation made in the plaint and the Court has come to accept it in the absence of any rebuttal evidence by the defendants and decreed the suit.